Chapter 2.40


2.40.010    Custody.

2.40.020    Public inspection.

2.40.030    Removal from custody.

2.40.040    Return.

2.40.050    Alteration.

2.40.060    Storage.

2.40.070    Destruction on completion of each fiscal year and completion of an independent post-audit.

2.40.080    Times for retention.

2.40.010 Custody.

(1) The city recorder is the legal custodian of all records of the proceedings of the council, including all ordinances and papers pertaining to the council's proceedings.

(2) The city treasurer is the legal custodian of all books and records pertaining to the accounts between the treasurer and the city and all records of financial conditions and accounts.

(3) The city recorder is the legal custodian of all other records of the city. In making any or all public records committed to that custodianship, or receiving and filing or recording such public records, the city recorder may do such making or receiving and filing or recording by means of photocopying. "Photocopy" includes a photograph, microphotograph and any other reproduction on paper or film in any scale, and "photocopying" means the process of reproducing, in the form of a photocopy, a public record or writing. (Ord. 395 § 1, 1998)

2.40.020 Public inspection.

Access shall be given at reasonable times to the public or to any person who may be interested and may demand access to those records, books, papers and documents in the custody of the city recorder which are required to be disclosed pursuant to the Oregon Public Records Law, ORS 192.001 through 192.505. Documents which are not required to be disclosed pursuant to the Public Records Law shall be disclosed only with the prior authorization of the city administrator, the city council, or the city attorney. Examination of records shall be in the presence of the officer in whose charge the books, records, or papers may be, or in the presence of a person working under the officer's supervision. (Ord. 395 § 2, 1998)

2.40.030 Removal from custody.

It shall be unlawful for any person to remove any record or any part of any record from the custody of the person in whose custody the record or part has been placed by VMC 2.40.010, except by consent of the person having the custody or by authority of some paramount law or governmental officer or agency. (Ord. 395 § 3, 1998)

2.40.040 Return.

No person shall refuse to return any record after demand for the return thereof has been made by the legal custodian, unless the refusal is authorized by some paramount law or governmental officer or agency. (Ord. 395 § 4, 1998)

2.40.050 Alteration.

It shall be unlawful to make any change in a public record of the city except by authority of law or of some governmental officer or agency legally empowered to effect a change in the record. (Ord. 395 § 5, 1998)

2.40.060 Storage.

The city administrator of the city of Veneta is authorized to cause to have all papers, documents, and records received in all city departments maintained and stored to assure an expeditious and orderly filing system. All records and documents to be stored shall be placed in transfer files or suitable containers that will insure the safekeeping of all documents and records, and each file or container shall be clearly marked as to the type of record or document contained therein, with the date of disposal, if any, noted on each file or container. (Ord. 395 § 6, 1998)

2.40.070 Destruction on completion of each fiscal year and completion of an independent post-audit.

The city recorder is authorized to examine or cause to have examined all records scheduled for disposal or destruction pursuant to the retention schedules adopted by this chapter; provided, however, that records in the possession of the city administrator or the city attorney may only be examined by the city recorder with the consent of the city administrator or the city attorney. Following such examination the person making such examination shall complete a certificate authorizing the destruction of such records as may be allowed by this chapter, which certificate shall be reviewed, approved and signed by the city administrator prior to destruction of any records. Records to be disposed of shall be destroyed in such a manner that the city recorder or the city of Veneta may direct. The certificate to authorize destruction of records shall be in a form provided by the city recorder. (Ord. 395 § 7, 1998)

2.40.080 Times for retention.

The schedules of record retention as promulgated by the State Archivist, as set forth in Chapter 166 OAR, Divisions 10 through 40, shall be adhered to and shall govern the retention and disposal of all files, documents, papers and records now on file in each department of the city of Veneta. Until such time as the city of Veneta has received approval from the state of Oregon Archives Department authorizing destruction of records not presently included in the retention schedules hereby adopted, those records shall not be destroyed. A copy of the OAR Chapter 166, Divisions 10 through 40, shall be maintained on file at City Hall. (Ord. 395 § 8, 1998)